Brownson v. Lewis and Bunnell

The trial court held that when the sole proprietor of a business took in a partner, who paid $5,000 for his interest, there was a void transfer of assets within the meaning of the bulk sales act. ORS 79.010 to 79.040. The defendant Bunnell, the party who bought the partnership interest, appeals from a decree in favor of Brownson, the plaintiff, who was a creditor of one Lewis, the former sole proprietor.

The first question is whether the bulk sales act applies to a transfer of the kind involved in the case at bar. If it does, then it is necessary to consider whether the record supports the…